MANOHAR SINGH Vs. STATE OF PUNJAB AND OTHERS

JUDGEMENT

(1.) By this petition, the complainant has impugned the order of the learned trial Court, by which the application filed under Sec. 319 Crimial P.C. qua summoning respondent no.2 herein, has been dismissed, while allowing the application to the extent of summoning of one Harminder Singh @ Kandy.

(2.) It is contended by Mr. Sachdev, learned counsel for the petitioner, that though respondent no.2, Kulwinder Kaur, was not named in the FIR, however, that very day, a supplementary statement was made by the petitioner-complainant himself and thereafter, at the time of prosecution evidence, the petitioner, as also one Sita Rani (PW-4), testified to the effect that Kulwinder Kaur had actually been present on the spot and was exhorting the other accused not to spare the deceased, Mohinder Singh.

(3.) It was seen by the trial Court that the statement of the petitioner in his testimony, had in fact been that Kulwinder Kaur had handed over the Bahi by which Mohinder Singh was attacked by her sons Harminder Singh and Lakhvir .